Could somebody please help before my wife apply for BC

[gregory68]

Hi,

I am German / British Citizen:

First entry September 2004

Permanent Residence 10/01/2011

Certificate of Naturalisation 08/11/2012

British Passport 06/12/2012

My wife is Thai Citizen and we would like to apply for her naturalisation as soon as possible as all of us two kids and myself have the British citizenship already and it would be great if we could complete the family with the BC status

Here her details:

Type of Visa C 04/07/07 - 04/01/2008

Multiple 01/11/07 - 31/11/2008
Visa Student

Resident Documentation 17/07/09 - 17/07/2014

Family Member of an EEA National


My main question is if she has to go further the EEA route or does she qualify for three years as my status changed to BC? If I read the home office page I would assume that she can apply as I cannot find any restriction to somebody who became just BC but I am worry that they count her Visa Status "Family Member of an EEA National".

Any help is much appreciated

Cheers,

-Greg

[Jambo]

When did you marry? Have your wife lived for 5 years in the UK since you got married?

To be able to apply for BC, one needs to hold ILR/PR. PR under EEA regulations is obtained automatically after 5 years as a family member of EEA national.

[vinny]

Naturalisation requires PR/settled/ROA status.

The 5-year qualifying period for spouse's PR started when you got married, assuming you were exercising treaty rights then. Unfortunately, there may be complications of spouse acquiring PR, unless you retained your German citizenship.

[gregory68]

Thanks to both of you for replying, we married here in the UK on the 18 July 2008. I have retained my German Citizenship as there was not reason to not do that.

I have read the following on this board:

Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period). There is a reduced fee when applying together.

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.

Therefore I would think that my wife would fall under the 3 years residence requirement.

Thanks,
-Greg

[Amber]

Thanks to both of you for replying, we married here in the UK on the 18 July 2008. I have retained my German Citizenship as there was not reason to not do that.

I have read the following on this board:

Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period). There is a reduced fee when applying together.

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.

Therefore I would think that my wife would fall under the 3 years residence requirement.

Thanks,
-Greg

Yes she would as you're a British Citizen albeit a dual national.

[Jambo]

Thanks to both of you for replying, we married here in the UK on the 18 July 2008. I have retained my German Citizenship as there was not reason to not do that.

I have read the following on this board:

Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period). There is a reduced fee when applying together.

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.

Therefore I would think that my wife would fall under the 3 years residence requirement.

Thanks,
-Greg

The key point is "granted ILR". This is required before applying for naturalisation and your wife will obtain PR automatically in July 2013 (5 years after marriage) assuming she spent at least 6 months in the UK each year.

For naturalisation only the last 3 years of residence are relevant (to meet the requirements) but she can't apply before she has ILR/PR.

[gregory68]

Thanks to both of you for replying, we married here in the UK on the 18 July 2008. I have retained my German Citizenship as there was not reason to not do that.

I have read the following on this board:

Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period). There is a reduced fee when applying together.

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.

Therefore I would think that my wife would fall under the 3 years residence requirement.

Thanks,
-Greg

Yes she would as you're a British Citizen albeit a dual national.

Thanks for replying. So that would mean that we can start applying for the neutralisation right away is that correct? Sorry if that is not totally clear to me but I have read different opinions and I am not sure any more what is the correct answer as I don't want to blow the application fee.

Cheers,
-Greg

[gregory68]

Thanks to both of you for replying, we married here in the UK on the 18 July 2008. I have retained my German Citizenship as there was not reason to not do that.

I have read the following on this board:

Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period). There is a reduced fee when applying together.

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.

Therefore I would think that my wife would fall under the 3 years residence requirement.

Thanks,
-Greg

The key point is "granted ILR". This is required before applying for naturalisation and your wife will obtain PR automatically in July 2013 (5 years after marriage) assuming she spent at least 6 months in the UK each year.

For naturalisation only the last 3 years of residence are relevant (to meet the requirements) but she can't apply before she has ILR/PR.

Now it becomes more and more clear, thanks a lot for your info

[gregory68]

One more thing I would like to understand, if I check the home office web page I can't find the information that I have to be married for at least 5 years so I am just wondering how that fit’s into the picture?

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Thanks in advance

Cheers,
-Greg

[Jambo]

One more thing I would like to understand, if I check the home office web page I can't find the information that I have to be married for at least 5 years so I am just wondering how that fit’s into the picture?

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Thanks in advance

Cheers,
-Greg

This is because naturalisation (the page you referred to) doesn't require certain duration of marriage. Just marriage on the day of the application.

However, to obtain PR under EEA regulations, you need to have been considered a family member for the 5 years and one way to be a family member is to be married.

You need to understand that this is a two stage process. First she needs to meet the requirements under EEA regulations for PR and then the requirements for naturalisation. They are not the same.

[gregory68]

One more thing I would like to understand, if I check the home office web page I can't find the information that I have to be married for at least 5 years so I am just wondering how that fit’s into the picture?

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Thanks in advance

Cheers,
-Greg

This is because naturalisation (the page you referred to) doesn't require certain duration of marriage. Just marriage on the day of the application.

However, to obtain PR under EEA regulations, you need to have been considered a family member for the 5 years and one way to be a family member is to be married.

You need to understand that this is a two stage process. First she needs to meet the requirements under EEA regulations for PR and then the requirements for naturalisation. They are not the same.

So I can't make use of being a British Citizen? Or at least not for the first stage you mentioned correct?

Sorry for all this questions but I really want to understand this subject in full so I hope you don't mind.

Thank you

Cheers,
-Greg

[Jambo]

The fact that you are British saves your wife from waiting 12 months after obtaining PR (which you had to do when you applied).

Being British doesn't help to obtain PR earlier (in fact, following the changes in immigration rules last year all routes to ILR/PR even for spouses of BC take 5 years so the 3 years for naturalisation won't shorten the route for BC so much any more).

[gregory68]

The fact that you are British saves your wife from waiting 12 months after obtaining PR (which you had to do when you applied).

Being British doesn't help to obtain PR earlier (in fact, following the changes in immigration rules last year all routes to ILR/PR even for spouses of BC take 5 years so the 3 years for naturalisation won't shorten the route for BC so much any more).

Thank you for all your help, we will send out the application on the 19/07/2013

Cheers,
-Greg

[Jambo]

She will need to pass life in the UK test before.
Also she will need to make sure she has been physically present in the UK on 21/7/2010 as failing this test (presence 3 years before application) is an automatic refusal.

[gregory68]

She will need to pass life in the UK test before.
Also she will need to make sure she has been physically present in the UK on 21/7/2010 as failing this test (presence 3 years before application) is an automatic refusal.

Just booked for the test, we have been together in the UK since November 2007 and both of us never left for more than a month per year since then. So shouldn’t be an issue at all.
Thank you again for all your help it was really nice to get more inside as I got confused with the two steps.

Cheers,
-Greg

[gregory68]

She will need to pass life in the UK test before.
Also she will need to make sure she has been physically present in the UK on 21/7/2010 as failing this test (presence 3 years before application) is an automatic refusal.

Hi Jambo,

Just want to let you know that we received today the approval letter and we will now book the ceremony.

Thanks for your advice this was indeed very helpful

Cheers,
-Greg

[Jambo]

Congratulations.